She pleaded guilty to a drug charge. Then she visited Mexico not knowing she couldn’t return
Summary
The California Supreme Court ruled that Angela Hernandez did not fully understand the immigration consequences of her guilty plea to drug charges. Although she signed a form warning about deportation, the court said she must "meaningfully understand" such consequences, and her later actions showed she was unaware she could not return to the U.S. after visiting Mexico.Key Facts
- Angela Hernandez, a Mexican citizen and legal U.S. permanent resident for 19 years, pleaded guilty to drug offenses in 2013.
- She signed a form stating that her plea could result in deportation, but said she did not truly understand this.
- Hernandez's attorney and an interpreter certified that she understood the form at the time.
- After serving part of her sentence, Hernandez got permission to visit Mexico but was detained when returning to the U.S. and faced removal proceedings.
- She argued her lawyer was ineffective, but lower courts rejected this claim.
- The California Supreme Court found errors and reversed the decision, saying Hernandez's behavior showed she did not fully grasp the immigration consequences.
- Public defenders and immigration advocates filed briefs supporting Hernandez, highlighting inconsistent court policies on immigration warnings.
- The Supreme Court sent the case back to a lower appeals court for further review.
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